| Case ID |
0554b9cc-5c32-41d7-ac63-d859fb8b6e75 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1714 of 2011 |
| Decision Date |
Nov 21, 2011 |
| Hearing Date |
|
| Decision |
The bail petition of the accused, Gul Said, was dismissed. The court found that the accused was directly charged in the promptly lodged FIR, which eliminated the chance of false implication. The incident was a daylight occurrence and the accused was nominated for causing the murder of the deceased. The court emphasized that the plea of alibi and contradictions in evidence would be addressed during the trial and not at the bail stage, as deeper appreciation of evidence is not permissible at this point. The trial was about to commence, and the complete challan had been submitted. |
| Summary |
In the case of Gul Said vs. The State, the Peshawar High Court addressed a bail petition under section 497(2) of the Criminal Procedure Code. The petitioner, charged under sections 302, 324, and 34 of the Penal Code, sought relief on the grounds of alibi and lack of evidence. The court found the FIR lodged promptly within 45 minutes of the incident, eliminating false implication concerns. The nature of the incident, with the accused being a relative of the complainant, and the direct charges against him further solidified the decision to deny bail. The court noted that contradictions in evidence and the plea of alibi would be resolved during the trial, underscoring the importance of evidence evaluation at the appropriate stage. This case highlights the critical aspects of bail applications in serious criminal charges and the judicial emphasis on thorough evidence examination at trial rather than pre-trial stages. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN, J
|
| Lawyers |
Murtaza Durran,
Muhammad Rehan Awan,
Fazal Haq Khidaman
|
| Petitioners |
GUL SAID
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2571,
2012 YLR 2391
|
| Other Citations |
2003 PCr.LJ 518,
PLD 1996 SC 241,
1997 SCMR 1829,
2010 PCr.LJ 1463,
2010 PCr.LJ 1386,
PLD 1974 SC 83,
2000 MLD 1046
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
34
|